
Class 'F'^ ^1 -2- 

Book . BiIXa- O- 



o9th Congress, \ HOUSE OF REPRESENTATIVES, j Report 

1st Session. \ 1 No. 1788. 



BOUNDARY LINES BETWEEN INDIAN TERRITORY, OKLA- 
HOxMA, ARIZONA, AND TEXAS. 

Ci'.e.. IVev. 



February 26, 1906. — Committed to the Committee of the Whole House on the state 
of the Union and ordered to be printed. 



Mr. Stephens, from the Committee on Indian Affairs, submitted the 

following- 

REPORT. 

[To accompany H. R. 15098.] 

The Committee on Indian Affairs, to whom was referred the bill 
(H. R. 15098) to authorize the President of the United States, in con- 
junction with the State of Texas, to determine and establish the bound- 
ary lines between the Indian Territory, the Territories of New Mexico 
and Oklahoma, and the State of Texas, submit the foUowino- report: 

This bill is a substitute for H. J. Res. No. .59, introduced in the 
House by Mr. Sherman, of New Y^ork, on Januar}" 4, 1906, and on 
January 25, 1906, favorably reported by the Committee on Indian 
Affairs' (Report No. 580), and for H. R. No. 44.3, introduced in the 
House by Mr. Stephens, of Texas, on December 4, 1905, and on Feb- 
ruary 13, 1906, favorably reported from the Committee on the Judi- 
ciary by Mr. Birdsall (Report No. 1186). 

Said resolution and bill are now pending on the Union Calendar of 
the House of Representatives, and the authors of said resolution and 
bill, being- desirous that but one commission should be appointed to 
settle all the said boundaries, in order to prevent the expense of a 
double commission, have eml)odied in one bill, viz, H. R. No. 15098, 
all of the provisions of said resolution No. 59 and II. R. No. 443, 
heretofore reported to this House as aforesaid. Said bill was reported 
without amendment, and is as follows, viz: 

A BILL to authorize the President of the United States, in conjunction with the State of Texas, to 
run and marli the boundary lines between the Territories of Olilahoma and New Mexico and the 
State of Texas. 

Whereas the west boundary of the Panhandle of Texas and the east boundary line 
of New Mexico is fixed by law on the one hundred and third meridian and said line 
is three hundred and ten miles long; and 

Whereas only seventy miles at the south end and one hundred and eighty-four 
miles at the north end of said line were surveyed and marked with monuments ( in 



2 BOUNDARY BETWEEN INDIAN TEK. , OKLAHOMA, ARIZONA, ETC. 

the year eighteen hundred and fifty-nine, by John H. Clark, the commist-ioner on the 
part of the United States); and 

Whereas the remainder of said Hne, fifty-six miles in length, has never been run 
or marked on the ground; and 

Whereas it is necessary that said lines be re-marked on the ground, and the fifty- 
six miles not marked be established; and 

Whereas said Clark survey was made under a joint commission by the United 
States and the State of Texas, authorized b}- act of Congress approved June fifth, 
eighteen hundred and fifty-eight, and said survey has been approved by the United 
States and the legislature of the State of Texas, and conformed to by the surveyors 
of the State of Texas; and 

Whereas a part of the south and east lines of New Mexico bordering on Texas, and 
all that part of the boundary line of the Texas Panhandle now bordering on Okla- 
homa, as run by said Clark, can not now be found and identified; and 

Whereas Congress, by Act approved January fifteenth, nineteen hundred and one, 
provided for fixing a monument on Red River at the intersection of the true one hun- 
dredth meridian with said river; and 

Whereas said monument has been duly fixed under said law by Arthur D. Kid- 
der, United States examiner of surveys, and a report thereon made, in House Docu- 
ment Numbered 1 hirty-three, Fifty-seventh Congress, second session, and in Bulle- 
tin Numbered One hundred and ninety-four, Series F, of the Geological Survey, by 
Marcus Baker, on the northwest boundary of Texas; and 

Whereas the fixing of tlie said Kidder monument on the one hundredth meridian 
properly marks that boundary, the same having been fixed under said act of Janu- 
ary fifteenth, nineteen hundred and one, and the fixing of said monument and 
meridian requires the resurvey of said lines between Texas and Oklahoma; and 

Whereas that part of said Clark line not now known and established should be 
fixed on the ground by monuments erected along said line, and that part not now 
known should be resurveyed, established, and marked: Therefore 

Be it enacted by the Senate and House of Representatives of the United States of America 
in Congress assembled, That the President of the United States be, and he is hereby, 
authorized and empowered to appoint a commissioner, who, in conjunction with such 
commissioner as may be appointed by and on behalf of the State of Texas for the 
same purpose, shall run and mark the boundary l)etween the Territories of Oklahoma 
and New Mexico and the State of Texas. Beginning at the point where the one hun- 
dredth degree of longitude west from Greenwich crosses Red River, and running 
thence north to the point where said one hundredth degree of longitude intersects 
the parallel of thirty-six degrees and tliirty minutes, north latitude, as determined 
by John H. Clark, the commissioner on the part of the United States, in the year eight- 
een hundred and fifty-nine; thence west along said parallel, as marked by said Clark, 
to the point where it intersects the one hundred and third degree of longitude west 
from Greenwich, as determined by said Clark, and thence south with the said one 
hundred and third degree of longitude to the thirty-second parallel of north latitude; 
and thence west with the thirty-second degree of north latitude, as determined by 
said Clark, to the Rio Grande River. 

Sec. 2. That the monument established (under authority of the act of Congress 
approved January fifteenth, nineteen hundred and one) bj' Arthur D. Kidder, United 
States examiner of surveys, at the point of intersection of the true one hundredth 
meridian with Red River shall be accepted as correct, and shall be the beginning 
point of said survey of said line on Red River, and such other corners shall be estab- 
lished and landmarks erected along said boundary lines as maj' be agreed upon by 
the United States commissioner, acting by his authority, and the State of Texas com- 
missioner, acting under his authority: Provided, That the part of the line run and 
marked by monuments along the thirty-second parallel of north latitude and that 
part of the line marked by monuments along the one hundred and third degree of 
longitude west of Greenwich, the same being the east-and-west and the north-and- 
south lines between Texas and New Mexico, and run by authoi'ity of act of Con- 
gress approved June fifth, eighteen hundred and fifty-eight, and known as the 
Clark lines, and that part of the line along the parallel of thirty-six degrees and 
thirty minutes of north latitude, forming the north boundary line of the Panhandle 
of Texas, and which said parts of said lines have been confirmed by acts of Con- 
gress of March third, eighteen hundred and ninety-one, shall remain the true 
boundary lines of Texas and said Territories of Oklahoma and New Mexico: Provided 
further. That it shall be the duty of the commissioners appointed under this act to 
re-mark said old lines where they can be found and identified by the original monu- 
ments, now found on the ground, or where monuments are now missing but their 



\m 14 '906 
0. ot 0, 



BOUNDARY BETWEEN INDIAN TER., OKLAHOMA, ARIZONA, ETC. 3 

original position can be shown by competent parol evidence, orb,v the topographical 
maps, or field notes made by said Clark; the monuments so found, or their position 
so identified, shall determine the true position and course of the boundaiy lines as 
marked by said Clark to the full extent of the survey made by him; and Where no 
survey was actually originally made on said lines, "it shall be the duty of the said 
commissioners to run a straight line between the nearest points determined by the 
Clark survey, and when said straight lines have been so run, marked, and agreed 
upon by the commissioners, they shall thereafter form the true boundary lines. 

Sec. 3. That the sum of fifty thousand dollars, or so nmch thereof as may be 
necessary, be, and the same is hereby, appropriated, out of any money in the Treas- 
ury not otherwise appropriated, to "carry out the provisions'of this act: I'rorUIed, 
That the person ov persons ajipointed and employed on the part and behalf of Texas 
are to be paid by the said State: Provided further, That no persons except a superin- 
tendent or commissioner shall be appointed or employed in this service by the 
United States but such as are recjuired to make the necessary observations and sur- 
veys to ascertain such line and erect suitable monuments thereon and make return 
of the same. 

Said joint resolution No. 59, tis amended and reported, is as follows, 
viz: 

Resolved hij the Senate and House of Represerdalires of tlie United States of America in 
Congress assembled, That the President of the United States be, ancl he is hereby, 
authorized and emj)owered to appoint a suitable person, now in the employ of the 
Government or outside of the employ of the(TOvernment, as to him shall seem the more 
expedient, who, in conjunction with such person or persims as may be appointed by 
and on behalf of the State of Texas for the same purpose, shall determine and estab- 
lish by reference to landmarks or United States or Texas surveys the boundary line 
between the Choctaw and Chickasaw nations, Indian Territory, and the State of 
Texas, beginning at the point where the boundary line between the State of Arkansas 
and the Indian Territory crosses Red Eiver, and running thence westwardly along 
the Red River to the point where the North Fork of Red River joins the main channel 
near where the ninety-eighth degree of longitude west from Greenwich crosses Red 
River. 

Sec. 2. That the said boundary shall be determined l>y such landmarks, or refer- 
ence to such landmarks or established corners of United" States or Texas surveys, as 
may be agreed on by the President of the United States or those acting under his 
authority, and the said State of Texas or those acting under its authority. 

Sec. 3. That the sum of five thousand dollars, or so much thereof as may be neces- 
sary, be, and the same is hereby, appropriated, out of any money in the Treasury of 
the United States not otherwise appropriated, to carry out the provisions of this act: 
Prorided, That the person or persons ap])ointed and employed on the part and behalf 
of the State of Texas are to be paid by the said State: Prorided furtlier, Tiiat no per- 
sons, except a superintendent or commissioner, shall be appointed or employed in 
this service by the United States but such as are required to make the necessary 
observations and surveys to ascertain such line and make return of the same. 

Said Report No. 580 states the objects of the above resolution (No. 
59) as follows: 

The necessity for this legislation arises from the fact that the boundary to be 
determined has been heretofore defined to be Red River, and the channel of said 
river has in many places been changed by erosion, which has produced a correspond- 
ing confusion of boundaries. It therefore becomes necessary that said l)oundary 
should be definitely fixed and marked. 

Your committee report that sections 1 and 2 of H. li. 15098 (which 
is hereby favorabl}^ reported) embodies said House resohition No. 59, 
and that the rest of said bill embodies said bill No. 4-i3. as reported 
by Mr. Birdsall in Report No. 1186, from the Judiciary Committee. 
Your committee refers to said reports Nos. 580 and 1186 for delinite 
reasons for the passage of this bill. Your committee, in addition to 
said favorable reports, beg leave to submit that the west boundar}' 
line of Texas and the east boundary line of New Mexico should also 
be settled promptl}^ and definitely as proposed in said bills. 



4 BOUNDARY BETWEEN INDIAN TER. , OKLAHOMA, ARIZONA, ETC. 

H. R. 15098 is as follows: 

A BILL To authorize the Presidei)t of the United States, in conjunction with the State of Texas, to 
determine and establish the boundary lines between the Indian Territory, the f erritories of New 
Mexico and Oklahoma, and the State of Texas. 

Be it enacted by the Senate and House of Bepresentaiivea of the United States of America 
III Congress assembled, That the President of the United States be, and he is hereby, 
authorized and empowered to api)oint a !^uitable couimissioner, now in the employ 
of the Government or outside of the employment of the Government, as to him .«hall 
seem the more expedient, who, in conjunction with such commissioner as may be 
appointed by and on behalf of the State of Texas for the same purpose, shall deter- 
mine and establish by reference to suitable landmarks or United States and Texas 
surveys the boundary line between the Indian Territorv and the Territories of New 
Mexico and Oklahoma and the State of Texas, beginning at the point where the 
boundary line between the State of Arkansas and the Indian Tenitory crosses Red 
River, and running thence westwardly along the Red River to the point where the 
one hmidredth degree of longitude west from Greenwich crosses Red River. 

Sec. 2. That the said boundary lines along Red River and the Rio (^rande River 
shall be determined l>y such landmarks, or reference to such landmarks or estab- 
lished corners of United States or Texas surveys, as may be agreed on by the Presi- 
dent of tb.e United States or those acting under his authority, and the said State of 
Texas or those acting under its authority. 

Skc. 3. That said commissioners shall also run and inark the boundary between 
the Territories of Oklahoma and Nev.- I\b'xico and the State of Texas. Iieginning at 
the point where the one hundredth degree of longitude west from Greenwich crosses 
Red River, and running thence north to the point where said one hundredth degree 
of longitude intersects the parallel of thirty-six degrees and thirty minutes, north 
latitude, as determined by John H. Clark, the commissioner on the part of the United 
States, in the year eighteen hundred and fifty-nine; thence west along said parallel, 
as marked by said Clark, to the ])oint where it intersects the one hundred and third 
degree of longitude west from Greenwich, as determined by said Clark, and thence 
south with the said one hundred and third degree of longitude to the thirty-second 
parallel of north latitude; and thence W'est with the thirty-second degree of north 
latitude, as determined by said ( 'lark, to the Rio Grande River; and thence down said 
river along the line as originally run and recognized between Texas and New Mexico 
to a point now established as the international boundary corner between Texas, New 
Mexico, and the Republic of Mexico. 

Sec. 4. That the monument established (mider authority of the act of Congress 
approved January fifteenth, nineteen hundred and one) by Arthur D. Kidder, United 
States examiner of survej's, as the point of intersection of the true one hundredth 
meridian with Red River shall be accepted as correct, and shall be the beginning 
point of said survey of said line on Red River, and such other corners shall l;e estab- 
lished and landmarks erected along said boundary lines as may be agreed upon by 
the United States commissioner, acting by his authority, and thf State of Texas 
commissionei', acting under his authority: Frorided, That the part of the line fun 
and marked by monuments along the thirty-second parallel of north latitude and 
that part of the line marked by monuments along the one hundred and third 
degree of longitude west of Greemvich, the same being the east-and-west and north- 
and-south lines between Texas and New Mexico, and run l)y authority of act of 
Congress approved June fifth, eighteen hundre<l and fifty-eight, and known as 
tlie Clark lines, and that part of the line along the parallel of thirty-six degrees 
and thiity minutes of nortli latitude, forming the north boundary line of the 
Panhandle of Texas, and which said parts of said lines have been confirmed by acts 
of Congress of March third, eighteen hundred and ninety-one, shall remain the true 
boundary lines of Texas and said Territories of Oklahoma and New Mexico: Pro- 
vided farther, That it shall be the duty of the commissioners appointed under this act 
to re-mark said old Clark monuments and lines where they can be found and identi- 
fied by the original monuments now found on the ground, or where monuments are 
now missing but their original position can l)e shown by competent parol evidence, 
or by the topographical maps, or field notes made by said Clark; the monuments so 
found, or their position so identified, shall determine the true position and course of 
the boundary lines as marked by said Clark to the full extent of the survey made by 
him; and where no survey was actually originally made on said lines it shall be the 
duty of the said commissioners to run a straight line between the nearest points deter- 
mined b}' the Clark survey, and when said straight lines have been so run, marked, 
and agreed upon by the commissioners they shall thereafter form the true boundary 
lines. 



BOUNDARY BETWEEN INDIAN TER. , OKLAHOMA, ARIZONA, ETC. 5 

Skc. 5. That the sum of twenty thousand dollars, or so much thereof as may be 
necessary, be. and the same is hereby, appropriated, out of any money in the Treas- 
ury not otherwise appropriateil, to carry out the provisions of this act: Provided, 
That the person or persons appointed and employed on the part and behalf of Texas 
are to be paid by the said State: Prorided further, That no persons except a super- 
intendent or commissioner shall be appointed or employed in this service by the 
United States but such as are recpiired to make the necessary observations and sur- 
veys to ascertain such line anil erect suitable n>onuments thereon and make return 
of the same. 

Your committee submits as a further reason for the passage of this 
bill a letter from the Hon. W. A. Richards, of recent date, which 
letter shows thnt there is an uncertainty about said boundary line 
between Texas and New Mexico, and tliat until that line is detinitely 
settled the United States (Government surveys adjoining- the line can 
not and will not be made. Hence this unsettled line is now prevent- 
ing and deh\ving the settlement of New Mexico and Texas along the 
line. Said letter is as follows, viz: 

Department of the Interior, General Land Office, 

]Vas]iivgton, I). ('., January -U, 1906. 

Sir: I am in receij^t of your letter, dated .January 26, 1906, re(]uesting that no 
action be taken by this Olhce in the matter of filings or entries attempted to be made 
by parties along the Texas-New Mexico l)oundary until the location of said boundary 
shall have been detinitely settled. 

From your letter it appears that fees for tiling upon these lands are being accepted 
by someone in Portales, N. I\Iex., the county seat of Roosevelt County, probably a 
United States commissioner or court otticer, before whom parties desiring to make 
entry may appearand execute certain prescribed preliminary atiidavits. Yuur letter 
mentii)ns'a land ofiice at Tortales, but there is no United States land office at that 
place. 

Certain public land surveys have recently been made in fractional Tps. 1, 2, and 3 
N., R. 37 E., New Mexico, but these surveys have been terminated at points indis- 
putably west of the so-called syndicate fence, which, it has been determined, is 
approximately in the location of the Clark line. 

The deputy reports that no evidence of the Clark line could be found, and as the 
fence can not well be considered as an otiicial line, the surveys were terminated at 
legal corners well to the west of the fence, in order that there might Ije no piossible 
questi<m as to the lands surveyed being well within the limits of New Mexico. 

These surveys eml)race the lands in the locality of the town site of Texico, the 
same being described in a declaratorv statement tiled in the office as the NW. } and 
NE. \ (N. i) sec. 22, T. 2 N., R. 37 E., New Mexico. The public-land surveys made 
in said township terminate at the i section corner between sections 15 and 22, thus 
defining as surveyed land only the west halves of these sections and of the town site 
description only the west half thereof— i. e., the NW. \ of said sec. 22. 

From a connection recently made l)y an examiner of surveys of this office, it 
appears that there is a strip about 15 cliains wide in T. 2 N., R. 37 E. which lias 
not been surveyed lying west of the syndicate fence and thus presumably in New 
Mexico. 

Until final action shall have been taken upon the surveys referred to, the only 
kind of entries legally allowed upon these land^s are desert-land entries, which are 
locatable ujion unsurVeyed lands; but before patent is issued therefor these entries 
must be adjusted to their legal descriptions obtained from survey, and thus they 
must be confined to the lands shown as lying in New Mexico. 

This office has kept in mind the present uncertainty as to the exact location of 
the l)Oundary line between Texas and New iMexico in all action taken concerning 
these lands and has so framed instructions as to avoid any steps being taken which 
would tend toward encouraging encroachment l)y public-land claimants upon lands 
east of the syndicate fence. 

By having surveys terminate to the west of this line there seems to be no reason- 
able' probaV)ility that any complication is likely to arise so far as this office is able to 
exercise control over lands claimetl by settlers. 

Very respectfully, " ^^'• A. Richards, 

Citiiitiiisiiiouer. 

Hon. John H. Stephens, 

lIouAe of Represerdative^. 



6 BOUNDARY BETWEEN INDIAN TER. , OKLAHOMA, ARIZONA, ETC. 

Your committee deem it best to embod}^ in this report also a letter 
from the honorable Charles Rogan, formerly land commissioner of 
Texas, which letter full}- states the necessity for the settlement of this 
vexed boundar}^ question, and sets forth a full history of the whole 
controversy : 

[The Dallas Morning News, Thursday, December 25, 1902.] 

BOUNDARY MONUMENTS — FULL DATA RELATIVE TO THEIR ESTABLISHMENT BEING FOR- 
WARDED TO TEXAS CONGRESSMEN BY LAND COMMISSIONER ROGAN. 

[Spedal to the News.] 

Austin, Tex., Deceniher 17. — The letter of Land Commissioner Rogan on the bound- 
ary dispute has been filed with the governor and explains in detail the present status. 
Copies of the letter, together with those of the report of State Surveyor Twitchell, 
who has done extensive surveying on the border, and that of a joint resolution on 
the subject, are to-day being forwarded to the Texas members of Congress for their 
information and such action as is necessarj', all of which is bett'ir explained in the 
letter, a complete copy being as follows: 

"Dear Sir : I have the honor to acknowledge receipt from you of a letter addressed 
to yourself from Hon. Thos. Ryan, Acting Secretary of the Interior, bearing date 
December 5, 1902, with certain correspondence, with related papers, relative to the 
establishment of the boundary between the State of Texas and the Territory of New 
Mexico, in which he requests you to favor him with an expression of your views as 
to the necessity or advisability of the action proposed by the Commissioner of the 
General Land Office at Washington in his letter of June 4, 1902. 

"The Commissioner says : 

" ' I have the honor to acknowledge receipt by departmental reference to this office 
of a letter from Hon. Miguel A. Otero, governor of New Mexico, inclosing a letter 
received by him from the secretary of the International Miners' Association at El 
Paso, together with a preamble and resolution passed by said association relative to 
the boundary line between the State of Texas and southern portion of New Mexico. 

" ' The resolution recites that by reason of lack of monuments and other data defin- 
ing the line between Texas and New Mexico, the claimants are unable to determine 
the location of their lands and the association makes formal protest to the authori- 
ties of the United States against a continuation of this condition of affairs, and re- 
spectfully urges that the exact location of the line be defijiitely determined and 
marked with monuments, in order that no confusion may hereafter arise relative to 
the ownership of the lands adjacent to the said boundary line. 

" ' You refer this communication to this office for " consideration and appropriate 
action." 

" ' Tlie boundary between Texas and New Mexico, and between the public land 
strip and Texas, was surveved in 1858 and 18-59 by J. H. Clark, under the provisions 
of the act of June 5, 1858 ('ll Stats., ;^10). 

" ' By the third section of said act the sum of $80,000, or so much thereof as might 
be necessary, was appropriated for the running and marking of the boundary line. 

" 'It appears from the report on the survey made under the act of 1858 that the 
major portion of the monuments erected to mark the lines were merely mounds of 
earth, although a few monuments of stone were erected. 

" ' It is now more than forty years since this survey was made, and in all proba- 
bility very few if any traces could Ipe found of the mounds of earth established on 
the lines. 

" 'So far as the records of this office show, but two monuments have been found. 
These are situated on the one hundred and third meridian upon either bank of the 
Canadian River. However, one other monument was found by Messrs. Chancy and 
Smith, who established in their .survey of the public land strip, tiie south boundary 
thereof, known as the Cimarron base. This monument is not fully identified, but 
was found about 30 chains south of the jtoint of intersection of their base line with 
tlie one hundredth meridian, and said mound may or may not be the original monu- 
ment esta1)lished by Clark for the northeast corner of Texas. 

" ' In view of the character of the monuments established in the survey of 1858 and 
1859, it would, I think, be safe to presume that during the long period of time which 
has elaj)sed since the survey these monuments would become nearly or entirely 
obliterated by the elements. It is further believed that the position of these bound- 
aries has not been accurately located by astronomical determination. In the case of 
the one hundred and third meridian, ]Mr. Clark states that he went to the Kani-as 



BOUNDARY BETWEEN INDIAN TER. , OKLAHOMA, ARIZONA, ETC. 7 

boundary for his longitude, and took the location of a monument erected by Colonel 
Johnston on said boundary as accurate, whereas subsequent determinations of longi- 
tude (by Chaney and Smith ) show this monument to be from 2 to 3 miles too far west. 

'• ' There is therefore no doubt in my mind as to the great necessity for the redeter- 
mination astronomically of the three lines by the most accurate methods known to 
modern science and their permanent establishment and marking l)y durable monu- 
ments at mile stations. 

" ' The resurvey and establishment of said boundary lines would involve considerable 
astronomical observations for latitude and longitude and the permanent and conspic- 
uous marking of about 600 miles of line, and in view of the remoteness and difficul- 
ties to be encountered in reaching portions of the line and transportation of suitable 
material for boundary monuments, 1 am of the opinion that a compensation of at 
least $100 per linear mile will be re(]uired. 

" 'At this rate the cost of resurvey and marking the several lines is estimated at 
$60,000, which, with the sum of $5,000 for a critical examination of the survey, would 
amount to $65,000. 

" 'With the passage of time and the influx of settlers, miners, atid many others 
the distinct markings of the boundary lines will become more and more urgent, and 
in order that conflicts maybe avoided and jurisdiction determined, I would recom- 
mend that all of said lines be correctly located and permanently marked at an early 
date. 

' ' ' Inasmuch as the said boundary lines were confirmed by act of Congress approved 
March 3, 1891 (26 Stats., 971), I recommend that Congress be requested to revoke 
such confirmation when the appropriation above suggested is made.' 

"The conditions enumerated in the preamble to the resolution passed by the exec- 
utive committee of the International Miners' Association mentioned in the (Commis- 
sioner's letter not only exist on the south boundary line of New Mexico, but the same 
conditions apply equally as strong to the boundary line between Texas and New 
Mexico along the one hundred and third meridian I know of no particular friction 
existing along the north line of the Panhandle of Texas on parallel 36° 30' north lati- 
tude, nor on the one hundredth meridian, the line between Texas and Oklahorna, 
established in 1859 by Jones and Brown, from Red River to a point on the Canadian 
River, and from that point to the northwest corner of Texas, in 1860, by Commis- 
sioner John R. Clark. 

"The initial monument at the intersection of the one hundredth meridian with 
Red River was established in 1859 by Daniel G. Major, astronomer. From this point 
Jones and Brown, contract surveyors, under the direction of the Indian Office, sur- 
veyed northward about 1 09 miles, setting monuments at every mile. Their ' ternunat- 
ing monument' is 19 miles north of the Canadian River. In 'i860 Commissioner Clark 
continued this survey to the northeast corner of Texas. This line was supposed to 
have been run on the" one hundredth meridian. The northeast corner of Texas, as 
established by Clark, is said to be about 1,000 feet west of the true one hundredth 
meridian, and the corner on Red River, as established by Daniel G. Major, is said to 
be 3,797 feet west of that meridian. My information is that all surveys of land by 
Texas surveyors along this line were made with reference and in conformity to said 
line as the true boundary. 

"In 1902 the United States caused another monument to be erected on Red River 
where it intersects with the one hundredth meridian. The necessary observations 
and calculations were made by Arthur D. Kidder, United States examiner of surveys, 
under the direction of the Commissioner of the General Land Office in accordance 
with the act of Congress approved January 15, 1901, who established and witnessed a 
suitable monument of stone on the ground, which, according to the Secretary of the 
Interior, is at the point of intersection of the true one hundredth meridian with Red 
River. In the typewritten copy of the re]>ort sent to you Mr. Kidder is made to say: 
'From this monument the old initial monument bears due east 3,699.7 feet.' In 
printed document No. 33, contahiing a letter from the Secretary of the Interior trans- 
mitting the same report of the determination of the intersection of the (Hie hundredth 
meridian with Red River, Mr. Kidder is made to say: 'From this moimment the old 
initial monument bears due west 3,699.7 feet.' It is therefore quite clear that the one 
or the other of these copies, in .stating the location of the Kidder monument, is erro- 
neous. The copy sent you places the Kidder monument 3,699.7 feet west of the old 
initial monument, while the printed cojiy, in the hands of Congress, places this 
monument 3,699.7 feet east of the old initial monument. 

"The boundary line, in so faras the same was established by United States Commis- 
sioner John H. Clark, was confirmed by Congress from the Rio Grande to the north- 
east corner of Texas on the 3d day of March, 1891. On the 25th of the same month 
the entire line as si.irveyed by him was confirmed by a joint resolution of the legisla- 



8 BOUNDAEY BETWEEN INDIAN TEE., OKLAHOMA, ARIZONA, ETC. 

ture of Texas, a copy of which is herewith attached. (General Laws of Texas, 
twenty-second legistature, pp. 193-194. ) 

"On the thirty-second parallel Mr. Clark is said to have erected 32 monuments, 
consisting principally of earth mounds or stone. On the one hundred and third 
meridian Mr. Clark erected 26 monuments, chiefly earth or stone mounds. Many 
of them have l)een obliterated by time, while others will soon disappear. 

"According to a survey made by W. S. Mabry in 1882 to 1885, district surveyor of 
Dallam, Hartley, and Oldham counties at that time, and who now resides at San 
Antonio, Tex., and according to a survey made by Levi S. Preston, United States 
deputy surveyor, in 1900, there can be no doubt as to the location of the northwest 
corner of Texas, as located by Clark in 1859, and that the northeast corner of the 
XIT pasture fence is on this corner. Besides this, three other monuments, known as 
15, 16, and 17, made by Clark on the west boundary line of Texas, and made by 
Clark in 1859, have been found on the ground by United States surveyors and W. S. 
Mabry, of San Antonio, Tex., extending south on the one hundred and third merid- 
ian. Neither can there be any doubt as to the location of the southeast corner of 
New Mexico as jnade by Clark in 1858 or 1859. Monument No. 31 on the thirty- 
second parallel and monument No. 1 on the one hundred and third meridian, made 
by Clark, are still in existence, from which the original southeast corner can be 
identified, even if a new corner had never been made to perpetuate it. I do not know 
who made the new corner on the southeast cornei" of New Mexico, but I am under 
the impression that Col. D. S. Woods, now deceased, advised me that he made it. 
It was he who located most of the Texas and Pacific Railroad lands in that part of 
Texas, and who probably had a better knowledge of that part of the State than any 
other surveyor, as he was a resident surveyor of Barstow, Ward County, for a great 
number of years. I employed him as a State surveyor in 1899 and 1900, and I have 
often heard him say that he found pieces of a lirok.en V)ottle at the point where the 
monument for the southeast corner of New Mexico now stands, and my information 
is that Mr. Clark buried a bottle at that corner at the time he estaljlished it. 

"In 1892 Mr. W. D. Twitchell, of Amarillo, Tex., who for the past two j-ears has 
been a State surveyor, and at one time a draftsman in the general land office of 
Texas, and who in 1892 was a special deputy surveyor of Howard land distri('t, and 
Mr. Mark Howell, of Roswell, N. Mex., and who in 1892 was county surveyor of 
Chaves County, N. Mex., surveyed the boundary line along the one hundred and 
third meridian as fixed by Mr. Clark, in so far as he ran the same north from the 
southeast corner of New IMexico, which they claim was 70 miles. At the seventieth 
mile point, after describing the monument, they say in their joint report, one of which 
was filed in the general land office, Austin, Tex., December 29, 1892, that — 

" 'This monument marks the point to which John H. Clark ran north from the 
thirty-second parallel, as stated in his report on page 279 of the Commissioner's 
report upon the survey of the United States and Texas boundary (47th Cong., 1st 
sess., Ex. Doc. No. 70), the same being in latitude 33° 58^^ N. In the above quoted 
Commissioner's report, on page 280, Clark reports his line to have been located 184 
miles south from latitude 36° 30^ N. A preliminary line run bj' us, beginning at 
monument No. 11, on the one hundred and third meridian, and running south 
through monuments Nos. 10, 9, 8, 7, 6, and 5, all of which were found and identi- 
fied, as described in the above-mentioned report, and jiroionged (checked by Polaris 
observations, as herein) )efore), intersects latitude 33° 58^', 2,132 varas east of the last 
described monument. Determined true meridian at above-described monument. 

" In surveying this line they continued north 126 miles and 274 varas, where they 
intersected a preliminary survey extended south from monument No. 11, on the one 
hundred and third meridian, to latitude 33° 49' 51'^, being a point 126 miles and 274 
varas north from the thirty-second parallel and 184 miles south from parallel 36° 20' 
north latitude. The}' also claim to have made the connection l)etween the two lines 
made by Clark, which they say is 56 miles and 296 varas. In their report tliey claim 
to have identified monuments Nos. 10, 9, 8, 7, 6, and 5, on the one hundred and 
third meridian, as established by Clark. A copy of their report is herewith handed 
you. Mr. Twitchell advises me that some of the monuments are very dim and difti- 
cult to distinguish. 

"In conclusion, I do not deem it wise to change the Vxiundary l)etween Texas and 
New Mexico from the lines es^tablished by Mr. Clark, which have lieen accepted and 
confirmed by both the State and Federal (governments, and for tlie further reason 
that so inany surveys have been made by the State with reference to said lines, and 
a great number of titles have been patented to peo])le along said lines, who, in many 
instances, liave erected valuable and i)ermanent improvements thereon; but I do 
believe that the boundary line between the State of Texas and the Territory of New 
Mexico established by Clark should be retraced and reestablished, and that perma- 



BOUNDARY BETWEEN INDIAN TER. , OKLAHOMA, ARIZONA, ETC. 9 

nent monuments be erected at convenient and proper distances, so that the question 
of boundary shall hereafter be forever settled, and to prevent further litigation 
between people residing in the State and those residing in the Territory. 

"As to the line between Texas and Oklahoma, I am not prepared to say what 
should be done. No friction has arisen from that source, so far as I am advised; 
neither am I definitely advised as to where the Kidder monument is placed. 

"Congressman John H. Stephens has introduced a bill in Congress to reestablish 
and re-mark these lines by a joint commission of the United States (Tovernment and 
the State of Texas. In the event his bill becomes a law, Texas should be repre- 
sented on the ground by a thoroughly comjietent and practical surveyor. For mak- 
ing this survey the Commissioner of the General Land Office at Washington esti- 
mates that it will cost the United States $6.5,000. Texas will not only be required 
to pay its own commissioner, but a reasonable part of the expenses in making the 
survey. I have no idea what it would cost, but 1 think an appropriation of $20,000 
to $25,000 would be sufl^icient. 

" Very respectfully, "Charles Rogan, 

"Commissioner of the General Land Office, Slate of Texas. 

"His Excellency Joseph D. Savers, 

" Govei'nor of Texai." 

Your committee further find that Mr. W. D. Twitchell, now State sur- 
veyor of Texas, and Mark Howell, then a county surveyor in New 
Mexico, on August 24, l!t02, made a compreliensive and careful report 
of a survey of said boundary line by agreement and in conjunction 
with each other, the said Mark Howell being- then the surveyor of 
Chaves County, N. Mex. This report shows that ))oth Texas and 
New Mexico surveyors have practically agreed upon the line defined 
in this bill as the old John H. Clark line. Said joint report of said 
surveyors is as follows, viz: 

The State of Texas, Iloivard Land District: 

Field notes of a survey of the one hundred and third meridian west from Cireeu- 
wich, from its intersection with the thirty-second parallel north latitude to the 
northwest corner of league No. 162, Presidio County school land. 

Beginning at the intersection of one hundred and third meridian and the thirty- 
second parallel, whence monument No. 31, on thirty-second parallel, 20 feet in 
diameter, bears west 3,194 varas, and monument No. 1. on one hundred and third 
meridian, bears north 2,674 varas, and a railroad tie (pine) 6 inches by 8 inches by 
42 feet, marked "103 M." on north side, "T." on east side, and " S. E. Co. N. M.'' 
on south side, bears south 13° ¥ Y,. 15y^o varas. Said point of intersection is marked 
bj' a monument 5 varas in diameter, with charred wood buried 2 feet east of center. 
Thence north in very sandy land, at 2,645 varas enter firm land, at 2,674 varas 
monument No. 1, built by John H. Clark, United States commissioner (determined 
true meridian by observation on polaris at eastern elongation, azimuth 1° 30', mag- 
netic variation iO° 30^ E. ), at 3,285 varas leave valley, at 4,000 varas enter heavy 
sand, at 5,494 varas top of sandy ridge, at 5,937 varas top of sand knolls, at 6,872 
varas top of sand knolls, at 8,360. varas top of sand ridge, at 8,600 varas enters firm 
ground, at 10,480 varas built earth monument and dug circular trench 16 feet in 
diameter, at 10,486 varas cross road from Cowdens to Odessa, at 12,912 varas top 
of firm ridge, at 1,400 varas draw course N. 80° W., at 14,280 draw course SW., the 
two join about 150 varas below, at 15,960 varas pond, 100 varas east, at 17,107 varas 
(9 miles) dug circular trench 16 feet in diameter and madeearth monument in center. 

Thence north at 840 varas enter sandy soil, at 2,000 varas enter firm land, at 2,865 
varas cross small rain-water pond, at 3,065 varas cross nxid from Cowdens to ^Midland, 
at 3,200 varas rain-water pond west, at 5,600 varas enter sand, at 6,320 varas enter firm 
ground, at 6,440 varas pass east side rain-water pond, at 7,840 varas ]iond al)Out 150 
varas east, at 8,400 varas two ponds west, at 9,307 varas top of ridge, pond 100 varas 
west, at 9,665 varas pond east, at 10,840 varas pond, at 11,405 varas earth monument 
and circular trench 16 feet in diameter (15 miles north). Determined meridian. 
No error. 

Thence north at 1,280 varas enter heavy sand, at 6,360 varas sand ridge, at 7,960 
varas pass east end of a drift fence, at 10,400 varas enter firm gi-ound, at 11,405 varas 
earth monument and circular trench 16 iVet in diameter (21 miles"). 

Thence north at 2,520 varas enter .>^and, at 4,314 varas sandy ridge, at 7,365 varas 
top of sand ridge (determined meridian by observation of Polaris, at eastern elonga- 
tion; angle of line with Polaris, 1° 32''; azimuth angle, 1° 30'; error in line, 2' west; 



10 BOUNDARY BETWEEN INDIAN TER. , OKLAHOMA, ARIZONA, ETC. 

correct line to true meridian, magnetic variation, 10° 30' east), at 9,650 varas sand 
ridge, at 11,405 varas set charred stake 4 feet long 2 feet in ground, and buried 
charred wood on south side of stake (27 miles N. ). 

Thence north at 5,200 varas enter firm ground, at 7,000 varas top of limestone 
ridge, at 8,880 varas enter sand, at 11,405 varas point in sand (33 miles). 

Thence north at 115 varas top of sand ridge, at 5,042 varas cross drift fence, at 
5,145 varas sand ridge, at 5,920 varas sand dunes, at 6,285 varas sharp sand ridge, at 
7,604 varas heavy sand (determined true meridian by observation of Polaris; angle of 
line with Polaris at eastern elongation, 1° 31'; azimuth angle, 1° 30'; error in line 1' 
west; magnetic variation at 6 o'clock a. m., 10° 30' east). Correct line to true meri- 
dian, at 10,560 varas leave heavy sand, at 10,960 varas cross draw course east, at 11,900 
cross wagon road leading from Monument Springs to Midland, at 12,094 varas Ijuilt 
monument of stone on bank near north side of low ground; size: stone 2^ feet, base 
2 feet high, circular trench 12 feet in diameter, stone covered with dirt; at 13,200 
enter sand, at 13,306 point (40 miles). 

Thence north in said 5,720 varas, top of sand ridge; at 6,974 varas windmill bears 
angle right 6° 58' (N. 6° 58' east) ; at 9,504 varas set charred stake, and buried charred 
wood in heavv sand (45 miles north). 

Thence north at 2,833 varas same windmill bears (angle right 163° 27') S. 16° 33' 
E., at 3,367 varas crossroad course N. 20° W. at 3,720 varas, determined true meridian 
by observation of polaris. 

Angle of line with polaris at eastern elongation 1° 32' 

Azimuth angle 1° 30' 

Error in line 0° 02' W. 

Magnetic variations at 6.15 o'clock, August 9, 1892, 10° 36' E. Corrected line to 
true meridian at 6,440 varas top of sand ridge, at 9,400 varas enter firm land, at 10,280 
varas to[) of firm ridge, at 10,320 varas Moore's house bears angle left (72° 32') N. 
72° 32' W., at 10,452 varas crossroad leading from Moore's to Midland, at 11,405 
varas, liuilt earth monument with 9-foot base, and dug circular trench 16 feet in 
diameter (51 mileg north). 

Thence north at 1,600 varas sandy soil, at 3,395 varas top of high sandy ridge, at 
4,880 varas point in draw, firm ground (draw runs about S. 70° E. Moore's windmill 
up draw west about I4 miles) at 5,795 varas crossroad course N. 70° W. at 6,840 varas 
enter sand, at 10,120 varas enter firm ground, at 10,800 varas enter, and at 11,040 
varas leave draw running S. 70° E. at 11,280 varas enter sand, at 11,405 varas set 
charred stake and buried charred- wood, and dug circular trench 15 feet in diameter 
in heavy sand (57 miles). 

Thence north at 440 varas, determined meridian by observation of polaris. 

Angle of line with polaris at eastern elongation 1° 32' 

Azimuth angle 1° 31' 

Error in line 0° 1' W. 

Correct line to true meridian. 

Magnetic variation August 10, 1892, at 6.10 a. m., 10° 58' E. ; at 922 varas cross 
drift fence; at 1,446 varas (57j\fo miles) set charred stake 4 feet long, and buried 
charred wood, built mound, and dug circular trench in heavy sand; at 3,785 varas 
top of sand ridge; at 5,237 varas windmill bears angle left (33° 14'), N. 33° 14' W.; 
at 5,560 varas cross draw, course east; at 6,200 vara^ leave sand; at 6,300 varas draw 
course east; at 8,861 varas windmill bears angle left (116° 46'), S. 63° 14' W., light 
sand; at 9,717 varas wagon-road course N. 80° E. ; at 10,100 varas enter firm land; 
at 11,405 varas drove stake with two shoulders of wagon thimbles on it, built earth 
monument, and dug circular trench 2 feet wide and 16 feet in diameter (63 miles). 

Thence north, at 2, 102 varas, cross wagon road, course east; at 3,505 varas cross road, 
course S. 75 E. at 4,699 varas Mallett ranch headquarters bears angle left (94° 42'), 
S. 85° 18' W. ; Rainwater pond bears west 200 varas; at 6,900 varas top of high ridge; 
Mallett headquarters bears angle left (10;]° 24'), S. 76° 36' W.; at 8,180 varas cross 
draw, course west; at 9,190 varas firm land: Mallett headquarters bears angle left 
(111° 45'), S. 68° 15' W.; at 11,200 varas enter sandy soil; at 12,025 varas top of sandy 
ridge; at 13,306 varas (70 miles) set charred stake and built earth mound of sand; 
covered same with re<l clay and crowned top and base of mound with small lime- 
stone rock fitted close together and hammered firmly into the clay. Dimensions of 
mound, complete, 4 feet high, base 10 feet; dug circular trench 16 feet diameter, 2 
feet wide, and 18 inches deep. This monument marks the point to which John H. 
Clark ran north from the thirty-second parallel, as stated in his report, on page 279 



BOUNDARY BETWEEN INDIAN TER. , OKLAHOMA, ARIZONA, ETC. 11 

of the commissioners' report upon tlie survey of the United States and Texas 
boundary (47th Cong., 1st sess., K\. Doc. No. 7(3), the wime being in latitude 3:^° 58'^ 
north. In the a])ove-qu()ted commissioners' report, on page 280, Clark re])orts his 
line to have been located 184 miles south from latitude 36° 30' north. A preliminary 
line run by us, beginning at monument No. 11, on the one hundred and third 
meridian and running south through monuments Nos. 10, 9, 8, 7, 6, and 5, all of 
which were found and identified, as described in the above-mentioned report, and 
prolonged (checked by Polaris observations as hereinbefore), intersects latitude 33° 
58'' 2,132 varas east of the last-described monument. Determined true meridian at 
above-described monument. 

Thence angle right 1° 08' 42" N., 1° 08' 42" H (course computed to intersect 
Clark's terminus in latitude 33° 49' 51" N. ), magnetic variation August 12, 1892, 
at 6.30 a. m., 11° 05' E. ; at 680 varas enter firm ground, at 833 varas cross wagon 
road, at 930 varas enter sand, at (5,680 varas enter firm land, at 6,919 varas cross 
wagon road course N. 80° W., at 8,110 varas cross wagon road course N. 20° VV., at 
8,395 varas cross wagon road course NW., at 9,638 varas, Brown's windmill, bears 
angle left (73° 40'), N. 72° 31' W., at 11,465 varas. Brown's windmill, angle left 
(129° 35'), S. 51° 34' W. (76 miles), made earth monument, 9-foot base, covered 
with small stones closely fitted together and hammered down, and dug circular 
trench 16 feet in diameter. 

Thence N. 1° 08' 42" E. at 1,240 varas enter sand, at 3,257 varas top of sandy 
ridge, at 3,700 varas cross draw course east, at 4,500 varas cross draw (-ourse east, at 
5,880 varas top of low sandy ridge, at 7,760 varas small basin, at 9,000 varas enter 
firm land, at 10,160 varas, earth monument and circular trench 16 feet in diameter in 
verj' firm soil. 

Determined meridian by observation of polaris. 

Angle of line with polaris at eastern elongation 0° 21' 41" 

Azimuth angle '. 1 ° 31' 

Error in line 37" E. 

Correct line to true course. 

Magnetic variation August 13, 1892, 6.15 a. m., 10° 50' E., at 11,240 varas enter 
sand, at 12,760 varas enter firm land, at 13,300 varas draw runs west, at 13,480 varas 
enter sand, at 16,200 varas enter firm land, at 17,455 varas windmill bears angle left 
(36° 56') N. 35° 47' W., at 19,509 varas cross wagon road, at 22,480 varas O. H. O. 
windmill bears angle left (88° 22') N. 87° 13' W., at 22,810 varas (88 miles) made 
earth monument and dug circular trench 16 feet in diameter. Thence north 
1° (^8' 42" east at 6,(W0 varas gravel and sandy loam, at 6,480 varas top of ridge sand 
and gravel, at 8,480 varas (94 miles) in heavy sand. Thence north 1° 08' 42" east at 
240 varas determined true meridian. 

Angle of line with polaris at eastern elongation 0° 19' 51" 

Azimuth angle 1° 31' 

Error in line 2' 27" 

Correct line to true course. 

• Magnetic variation August 14, 1892, at 6.05 a. m., 10° 56' E., at 3,000 varas firm 
land, at 3,500 varas edge of sand, at 5,640 varas point on sandy ridge, at 6,620 varas 
point on sandy ridge, at 8,280 varas edge of firm ground, at 8,620 varas east edge of 
basin, at 9,000 varas edge of sand, at 10,320 varas edge of firm ground, at 10,760 varas 
made earth monument and dug circular trench 16 feet in diameter, at 10,840 varas 
enter sand, at 11,405 varas (100 miles) in heavy sand. 

Thence north 1° 08' 42" ea.st at 640 varas sandy knob, at 1,600 varas sandy knob, at 
2,860 varas edge of firm ground, at 3,390 varas enter sand, at 3,460 varas sand ridge, 
at 5,100 varas top of same .sand ridge, at 7,680 varas enter firm land, at 7,840 varas 
made monument and dug circular trench 16 feet in diameter, at 8,060 varas enter 
sand, at 11,405 varas (106 miles) in heavy sand. 

Thence north 1° 08' 42" E. at 3,960 varas sandy ridge, at 4,914 varas top of sharp 
sand dune, at 5,988 varas top of sharp sand dune, at 6,000 varas determined merid- 
ian by observation of polaris. 

Azimuth angle 1° 31' 

Angle of line with polaris at eastern elongation 21 ' 30" 

True line : 22' 18" 

Error in line 48" E. 

Correct line to true course. 



12 BOUNDARY BETWEEN INDIAN TER. , OKLAHOMA, ARIZONA, ETC. 

Magnetic variation August 15, 1892, 6 a. ni., 11° E. at 5,027 varas sharp sand dune, 
at 11,405 varas (112 miles) in heavy sand. 

Thence north 1° 08^ 42" E. at 1,600 varas bottom of basin, at 2,390 varas top of 
sand ridge, at 3,480 varas enter firm ground, at 3,920 varas enter sand, at 4,085 varas 
enter firm ground, at 5,920 varas enter sand, at 9,805 varas point in sand (117 
miles +301 varas). 

Thence north 1° 08'' 42" at 320 varas enter firm land, at 502 varas built earth mon- 
ument and dug circular trench 16 feet in diameter, at 1,280 varas enter sand, at 2,189 
varas determined true meridian b.v oliservation of polaris. 

Azimuth angle 1° 31' 

Angle of line with polaris at eastern elongation 22' 41" 

True bearing of line 22' 18" 

Error in- line 23" AV. 

Correct line to true bearing. 

Magnetic variation Augnst'l6, 1892, at 6.30 a. m., 10° 40' E., at 2,618 varas sand>- 
ridge, at 4,000 varas top of sandy ridge, at 5,165 varas top of sandy ridge, at 7,300 
varas enter light sand, at 7,480 varas enter firm ground, at 10,000 varas enter sand, 
at 10,720 varas leave sand, at 11,405 varas (123 miles-r-301 varas). 

Thence north 1° 08' 42" E. at 1,820 varas cross draw running east, at 2,880 varas 
cross draw running east, at 4,100 varas cross draw leading east 600 varas to lake 
basin, at 5,698 varas intersect preliminary extended south from monument No. 11, 
on the one hundred and third meiidian, to latitude 33° 49' 51", this point being 
126 miles plus 274 varas north from thirty-second parallel and 184 miles south 
from parallel 36° 30'. Length of connection between termini of Clark's lines, 
56 miles plus 296 varas, or 48' 53" of arc. Built earth monument and dug circular 
trench 16 feet in diameter in very hard ground. 

Thence north 705 varas built mound and dug four pits, at 2,605 varas built mound 
and dug two pits, at 6,405 varas built mound and dug two pits, at 6,504j varas large 
stone monument the northwest corner of Presidio County school league "Xo. 162. 

B. F. Jones. 

John T. Cook. 

E. D. AuLD, <'hahn)ia)i. 

E. W. Smith, Chain7na7i. 

(Memorandum in red ink on margin:) "Note. — See sketch No. 1, Lynn Co., for 
W. D. Twitchell's connection from Double Lakes to New Mexico line and connection 
with surveys in Bl. D. Jno. Gibson, Surs. Wise. 7/25/02." 

(Pencil memoradum:) "The N. W. cor. of 162 referred to above was placed by me 
at the intersection of the N. line of league 162 and the State line. W. D. Twitchell. 
7/23/1902." 

Report and fields, Texas and New Mexico boundarv, filed in general land office 
December 29, 1892. 

Wm. Bramlette, CJdef ('levk. 

Surveyed July 13 to August 17, 1892. 

We, W. D. Twitchell, special deputy surveyor of Howard land district, and Mark 
Howell, county surveyor of Chaves County, N. Mex., do hereby certify that the above 
and foregoing field notes are true and correct, and that the marks, lioth natural and 
artificial, are truly described, and that the survey was actually made liy us upon the 
ground. 

Witness our hands this August 24, A. D. 1892. 

W. D. Twitchell, 
Special Deptdij Surveyor Howard Land DIstricf. 
Mark Ho.well, 
Coiniti/ Surveyor, Chaves Coviiti/, X. ^^e.v. 

I, R. B. Zinn, district surveyor of Howard land district, do hereby certifj' that I 
have examined the above and foregoing field notes and find them true and correct, 
and that they are recorded in my office in Book (1), pages 15 to 22, in Howard 
County record on October 4 to 5, A. D. 1892. 

R. B. ZixN, 
District Surveyor of Howard Land District. 



BOUNDARY BETWEEN INDIAN TER. , OKLAHOMA, ARIZONA, ETC, 13 

General Land Office, 

Austin, Tex., JanmiTij 7, 1893. 
The above and foregoing report and lield notes as made by W. D. Twitchell, 
special deputy surveyor of Howard land district, and Mark Howell, county surveyor 
of Chaves County, N. ]Mex., has been examined and found correct and approved 
and ado])ted by this office. 

[seal.] " AV. L. McGaughey, 

Commisi^ioner. 

Your coinmitteo further tiiid that the line between Texas and New 
Mexico alon^^ the lOod meridian, known a.s the old Clark line, has been 
approved by act of Congress of date March 3, ISitl. in the following 
languao-e, viz, ""That the boundary line l)etween said public land strip 
and Texas and between Texas and New Mexico, established under the 
act of June 5, 185.S, i.s hereby conhrnied.'' (26 8tat., p. 971.) This 
Clark survey was also, on March 25. 18t»l. coniirnied by the Texas 
legislature l)v joint resolution, which resolution is as follows, viz: 

JOINT RESOLUTION confirming the location of the boundary line established by the United States 
Commissioner between No Mtins Land and Texas, and Texas and New Mexico, under an act of 
Congress of June 5, 1858. 

Section 1. Whereas an act of Congress approved June 5, 1858, provided for com- 
missioners to locate and mark the boundary lines between the Territories of the 
United States and the State of Texas; and 

Whereas in accordance with said act a survey was made of the boundary line 
between the public strip, otherwise known as Ko Mans Land, and between Texas 
and New Mexico, by John H. Clark, Cnited States Commissioner, appointed under 
said act A. D. 1858; and 

Whereas it appears from the report of the said Commissioner to the General Land 
Office at Washington that said surveying was carefully done, consuming over two 
years on the ground in making the same; and 

Whereas said boundary line so located has been acquiesced in by the State of 
Texas and the Cnited States Government by surveying up to it and selling the 
lands so surveyed, or parts of it; and 

AVhereas until recently no part of said boundary lines have ever been officially 
agreed upon or accepted by the General Government or the State of Texas, as con- 
templated b}' the act of Congress authorizing the survey; and 

Whereas on the 4th day of March, A. D. 1891, the Congress of the United States 
confirmed the boundary lines as surveyed by said Commissioner, John H. Clark, 
between No Mans Land and Texas and between Texas and New INIexico, established 
under the act of Congress of June 5, 1858; 

Therefore be it resolved by the senate and house of representatives of the State of Texas, 
That the boundary line between the Public Land Strip — otherwise known as No 
Man's Land — and Texas, and between Texas and New Mexico, established by John 
H. Clark, commissioner under the act of the United States Congress, approved June 
5, 1858, be, and the same is hereby, accepted, ratified, and confirmed on the part of 
the State of Texas as the true boundary line between said Public Land Strip and 
Texas, and between Texas and New Mexico. 

Sec. 2. And whereas the near approach of the close of the present session of the 
legislature renders it unlikely that this resolution can be passed in the regular way, 
and the fact that there is much uncertainty as to the location of said boundary line 
creates an emergency and an imperative necessity which reiiuires that the constitu- 
tional rule requiring bills to lie read on three several days be suspended and the 
same is so suspended, and this resloution take effect from and after its passage, and 
it is so enacted. 

Note. — The foregoing joint resolution originated in the senate, and passed the 
same — vote not given — and passed the house by a vote of 71 yeas and no nays. 

Note. — The foregoing joint resolution was presented to the governor of Texas for 
his approval on the 25th day of March, 1891, but was notsigned by him nor returned 
to the house in which it originated with his o])jections thereto within the time pre- 
scribed by the constitution, and thereupon became a law without his signature. — 
(tco. W. Smith, secretary of state. 

Your committee respectfully^ submit that the above approvals of the- 
line run and marked bv Clark in isr)8 ;is the one hundred and third merid- 



1-1: BOUNDARY BETWEEN INDIAN TER. , OKLAHOMA, ARIZONA, ETC. 

ian and as the line between Texas and New Mexico is now and must always 
remain the true boundaiy line between them; and all that now remains 
to be done by this bill is to rerun and re-mark said old line, and where 
it can not be found on the ground or was not originalhr run on the 
ground (and 59 miles of it was not so run), then the lines not so run 
must be connected by a straight line run and agreed upon by the joint 
commissioners provided for in this act. Two railroads have crossed 
this line and built towns on the line, and the country is being rapidly 
settled up. This confusion of boundaries is causing trouble along this 
line; hence it is important that this bill should pass at once. 

Your committee further respectfully report that John H. Clark, in 
making his survey along said one hundred and third meridian, did not 
run the entire line, but left unsurveyed 59 miles near the south end 
of the line, and as a matter of fact they find that the ends of these 
lines will not meet if prolonged, the south end of said line being sev- 
eral hundred varas farther west than the north end of the line. Hence 
the onh' vexed question in this controversy is to tind the proper method 
of connecting these lines. Your committee are of the unanimous opin- 
ion that it should be done as proposed in this bill; that is, by connect- 
ing them with a straight line. This question has been passed upon by 
the courts, and in the case of The Land Company v. Saunders (103 
U. S., 319) the Supreme Court held that artificial monuments erected 
by surveyors control course and distance; therefore the old Clark 
monument and line now found on the ground would be connected b}^ 
a straight line if the question was left to the courts to determine. 

The Supreme Court of the United States, in a case reported in 103 
U. S., page 319, reported that a plat annexed to a survey of a grant 
showing that the survey closed — when in fact, by a mistake, the survey 
would not close — was sufficient to show a definite boundar}-, whether a 
survev had actually been made to close or not, and that the foot- 
prints of the surveyor should be followed, where they could be found, 
by moiumients or ascertained by the maps made b\^ him at the time. 
The same doctrine is confirmed in 113 U. S. , page 608. Applying 
these legal principles to this boundary question, we find that Clark's 
map, made by him as part of his report, shows each of his monu- 
ments, and shows a straight line along the whole of this part of the 
one hundred and third meridian. Hence the legal principles announced 
in the above cases would connect these monuments, as shown in the 
maps, by a straight line. Therefore your committee are of the opinion 
that this bill should pass without amendment. 

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